Singapore legislation

Section 58

of Banking Act 1970

Section 58

Auditing

Amended by5/20165/201635/20145/20165/20165/20165/20161/202035/20145/20165/20165/20165/20161/2020

(1)

Despite the provisions of the Companies Act 1967, every bank must —

(a)

on an annual basis, appoint an auditor and obtain the approval of the Authority to such appointment; and

(b)

where, for any reason, the auditor ceases to act for the bank, as soon as practicable thereafter, appoint another auditor and obtain the approval of the Authority to such appointment.

Amended by5/2016

(2)

An auditor must not be approved by the Authority as an auditor for a bank unless the auditor is able to comply with such conditions in relation to the discharge of the auditor’s duties as the Authority may determine.

Amended by5/2016

(3)

The Authority may appoint an auditor —

(a)

if the bank fails to appoint an auditor; or

(b)

if it considers it desirable that another auditor should act with the auditor appointed under subsection (1),and may at any time fix the remuneration to be paid by the bank to that auditor.

(4)

The duties of an auditor appointed under subsections (1) and (3) are —

(a)

to carry out, for the year in respect of which the auditor is appointed, an audit of the accounts of the bank; and

(b)

to —

(i)

in the case of a bank incorporated in Singapore, make a report in respect of its latest financial statements or, where the bank is a parent company for which consolidated financial statements are prepared, consolidated financial statements, in accordance with section 207 of the Companies Act 1967; or

(ii)

in the case of a bank incorporated outside Singapore, make a report on its latest annual balance sheet and profit and loss account together with any notes thereon showing the assets and liabilities and profit or loss arising out of the bank’s operations in Singapore which complies with section 207 of the Companies Act 1967.

Amended by35/2014

(5)

The Authority may, by written notice, impose all or any of the following duties on an auditor in addition to those provided under subsection (4):

(a)

a duty to submit such additional information in relation to the auditor’s audit as the Authority considers necessary;

(b)

a duty to enlarge or extend the scope of the auditor’s audit of the business and affairs of the bank;

(c)

a duty to carry out any other examination or establish any procedure in any particular case;

(d)

a duty to submit a report on any of the matters mentioned in paragraphs (b) and (c).

Amended by5/2016

(5A)

An auditor to whom a notice is given under subsection (5) must comply with each direction specified in the notice.

Amended by5/2016

(6)

The bank must remunerate the auditor in respect of the discharge by the auditor of all or any of the additional duties mentioned in subsection (5).

(6A)

Despite any other provision of this Act or the provisions of the Companies Act 1967, the Authority may, if it is not satisfied with the performance of any duty by an auditor of a bank, at any time —

(a)

direct the bank to remove the auditor; and

(b)

direct the bank to appoint another auditor approved by the Authority, as soon as practicable after the removal,and the bank must comply with the directions.

Amended by5/2016

(7)

The auditor’s report made under subsection (4) must be attached to the balance sheet and the profit and loss account, the financial statements or the consolidated financial statements (as the case may be) and a copy thereof together with any report submitted under subsection (5) must be transmitted in writing to the Authority.

(8)

If an auditor, in the course of the performance of the auditor’s duties as an auditor of a bank, is satisfied that —

(a)

there has been a serious breach or non‑observance of the provisions of this Act or that otherwise a criminal offence involving fraud or dishonesty has been committed;

(b)

in the case of a bank incorporated in Singapore — losses have been incurred which reduce the capital funds of the bank by at least 50%;

(c)

serious irregularities have occurred, including irregularities that jeopardise the security of the creditors of the bank;

(d)

the auditor is unable to confirm that the claims of creditors of the bank are still covered by the assets; or

(e)

any development has occurred or is likely to occur which has materially and adversely affected, or is likely to materially and adversely affect, the financial soundness of the bank,the auditor must immediately report the matter to the Authority.

Amended by5/20161/2020

(9)

In this section, “consolidated financial statements” and “financial statements” have the meanings given by section 209A of the Companies Act 1967.

Amended by35/2014

(10)

Where an auditor discloses in good faith to the Authority —

(a)

any information mentioned in subsection (5)(a) or report mentioned in subsection (5)(d);

(b)

any of the matters mentioned in subsection (8); or

(c)

any information in support of that matter,the disclosure is not to be treated as a breach of any restriction on the disclosure imposed by any law, contract or rules of professional conduct, and the auditor is not liable for any loss arising from the disclosure or any act or omission as a result of the disclosure.

Amended by5/2016

(11)

A bank which contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 and, in the case of a continuing offence, to a further fine not exceeding $10,000 for every day or part of a day during which the offence continues after conviction.

Amended by5/2016

(12)

A bank which fails to comply with a direction under subsection (6A) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $250,000 and, in the case of a continuing offence, to a further fine not exceeding $25,000 for every day or part of a day during which the offence continues after conviction.

Amended by5/2016

(13)

Any auditor who fails to carry out any duty mentioned in subsection (4), or who fails to comply with subsection (5A) or (8), shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 and, in the case of a continuing offence, to a further fine not exceeding $10,000 for every day or part of a day during which the offence continues after conviction.

Amended by5/2016

(14)

This section applies to or in relation to a merchant bank, a merchant bank incorporated in Singapore and a merchant bank incorporated outside Singapore as the section applies to or in relation to a bank, a bank incorporated in Singapore and a bank incorporated outside Singapore.

Amended by1/2020